On September 19, 2025, President Trump signed a Proclamation impacting H-1B petitions. The Proclamation, entitled “Restriction on Entry of Certain Nonimmigrant Workers,” implements a $100,000 fee on all new H-1B petitions submitted after 12:01 a.m. EST on September 21, 2025. While key details have yet to be announced and legal challenges could delay implementation, here is what we know so far:
- The fee will only apply prospectively to H-1B petitions filed during the 2026 H-1B lottery, and any other “new” H-1B petitions filed after the effective date.
- The fee will be a one-time payment made to USCIS for each new H-1B petition.
- Impacted H-1B beneficiaries are restricted from entry to the U.S. unless their employer has paid the $100,000 fee.
- Employers can apply for a national interest exception to the $100,000 fee for those workers, companies, or industries for which the Secretary of Homeland Security determines that the H-1B worker’s employment is in the national interest and does not pose a security threat.
- There are no exemptions from the fee for any specific industry or employer, including cap-exempt employers, such as universities, healthcare providers, or non-profit organizations.
- It is not clear whether the fee will be required for specific types of H-1B petitions, including petitions requesting a change of employer or a change of nonimmigrant status.
The Proclamation’s vague wording initially caused confusion regarding the ability of current H-1B visa holders to reenter the U.S. from international travel. In response, the Administration issued the following clarifications over the weekend:
- The $100,000 fee does not apply to any previously issued H-1B visas, or any approved or pending H-1B petitions filed prior to the effective date.
- The Proclamation does not prevent current H-1B visa holders from traveling in and out of the U.S.
- The fee does not apply to H-1B “renewal” petitions.
Notably, the Proclamation contemplates the following additional steps in reforming the H-1B program:
- Directs the Secretary of Labor to initiate rulemaking to revise prevailing wage levels.
- Directs the Secretary of Homeland Security to prioritize admission of high-skilled and highly paid foreign nationals in the annual H-1B lottery.
The immigration attorneys at Ryan Swanson are actively monitoring these developments and will provide updates as new guidance is released.
